Public procurement of software licenses and subscriptions (including technical support, updates, and related implementation services)

Economic operators submitting the tender must prove a form of registration, under the conditions of the law, in the country of residence, showing that the economic operator is legally constituted, that he is not in any of the situations of cancellation of the constitution, and that he has the professional capacity to perform the activities covered by the contract.

Method of performance: In order to demonstrate the fulfilment of the criterion of employability, the sole tenderer / associate tenderer / third party supporter / subcontractor will complete the integrated DUAE - "Selection criteria '- Section A" Capacity to meet the requirements'. The non-submission of DUAE integrated into SEAP with the offer (including for the partner / third supporter / subcontractor) suggests its rejection as unacceptable.

The tenderer ranked first after the award criterion has been applied shall submit, prior to the award of the contract, at the request of the contracting authority, the finding certificate issued by the Office of the Trade Register of the Territorial Court in its entirety, showing that the principal / secondary activity which he carries out under the COEN coding corresponds to the subject matter of the contract.

The following information must also be included in the certificate of establishment issued by the Office of the Trade Register of the Territorial Court: the identification data of the economic operator, shareholders / associations, management bodies, administrators, members of the Management Board, members of the Supervisory Board, participation shares.

Justification requirement: The contracting authority wants the requested document to ensure that potential bidders have in the company's field of activity the authorised activity covered by the contract so that potential bidders are able to carry out the subject-matter of the contract under the terms of the law.

Tenderers shall submit a list of the main deliveries of products similar to those covered by the public supply contract, carried out over the last 3 years (calculated up to the tender submission deadline), including at least one contract with a value at least equal to the estimated value of the lot. The list shall indicate values, delivery periods, and beneficiaries, whether the latter are contracting authorities or private clients.

Justification for the requirement: The contracting authority wishes to ensure that potential tenderers possess an adequate level of experience, relative to previously executed contracts.

Completion of the ESPD in SEAP, in accordance with the provisions of Art. 193 para. (1) of Law no. 98/2016, as amended and supplemented, as preliminary evidence by the tenderer/candidate/associate partner/third-party supporting entity/subcontractor, as applicable, with relevant information demonstrating compliance with the requirement.

In the ESPD, candidates/tenderers shall present information indicating the number and date of the contracts invoked as similar experience, their beneficiary and contact details, the date and number of the acceptance document, as well as the share and/or activities for which they were responsible, together with their value, excluding VAT.

The supporting documents substantiating the fulfillment of what has been declared in the ESPD are to be submitted upon the request of the contracting authority only by the tenderer ranked first in the intermediate ranking drawn up upon completion of the tender evaluation, after applying the award criterion. The economic operator ranked first after applying the award criterion to the admissible tenders shall prove compliance with the requirements regarding similar experience by:

• submitting documents issued or countersigned by the beneficiary (public authority or private client) and/or third parties (banking institutions/treasury, e.g., if bank statements are required to be submitted) showing the value of the similar deliveries, their nature, and the period during which they were delivered.For contracts proving similar experience, performance certificates/acceptance reports or completion certificates issued by the respective beneficiary/client shall be submitted in order to prove their compliance with the professional standards in the field. The aforementioned documents must indicate:
• the beneficiary, whether they are contracting authorities or private clients;
• the contract conclusion date;
• the subject matter of the contract, so that all requested and necessary information is provided to verify compliance with the requirement regarding similar experience;
• the contract value, in RON excluding VAT, and the value of the products supplied by the tenderer;
• the contract execution period, specifically the timeframe (start date and end date) during which the products were supplied;
• the place of delivery of the products;
• an indication of whether they were executed in accordance with professional standards in the field and successfully completed. Proof of compliance with the requested requirements can be achieved by submitting one or more documents showing all requested information.If a public/sector procurement contract concluded by a contracting authority/entity has been subcontracted, the beneficiary referred to in the above requirements is the contracting authority/entity and not the economic operator who, acting as the supplier in the public procurement contract, subcontracted the execution of a part thereof.Thus, the documents representing performance certificates shall be issued or countersigned by the contracting authority, as it is the beneficiary of the services. Documents issued/countersigned solely by the primary supplier will not be accepted. The rationale for this specification is based on the provisions of Art. 218 para. (4) of Law no. 98/2016, as amended and supplemented. Relevant supporting documents shall be submitted as a l…

The tenderer is required to specify the part (s) of the contract to be subcontracted (if applicable) and to specify information on the association and supporting third parties (if applicable). The tenderers will declare subcontractors at the time of submission of the tender and will complete a separate DUAE in this respect (the requirement also valid for the supporting third party, if any).

The tenderers will present with the submission of the DUAE the commitment of the supporting third party (together with documents attached to the undertaking, submitted to them by the supporting third parties, which results in the actual way in which support will materialise), the association agreement and the subcontracting agreement (where appropriate). The supporting documents proving the commitments / agreements will only be requested from the highest bidder at the request of the contracting authority. Notes:

1. In the case of a joint offer (association), the requirement shall be demonstrated by taking into account the resources of all members of the group (through cumulation). The Association Agreement should be submitted with the DUAE.
2. If the requirement is demonstrated by invoking the support of a third party, the firm support commitment (s) from the third party (s), including the actual way in which the supporting third party (s) will ensure that the support commitment is fulfilled.In particular, if the economic operator demonstrates its economic and financial situation by relying also on the support granted by one or more third parties, then the economic operator is required to prove to the contracting authority that it has taken all necessary measures to have access at any time to the necessary resources, making an undertaking to that effect by the third party (s).With the support undertaking, the tenderer is required to submit documents submitted to it by the supporting third party (s), resulting in the actual way in which the supporting third party (s) will / will ensure that their support commitment is fulfilled, which will be attached to that commitment.If the tenderer demonstrates that the criteria relating to the economic and financial situation are met based on the capacities of other entities, invoking, where appropriate, the support of a third party, the DUAE, together with the undertaking to support it, must also be completed separately by the supporting third party (s) on whose capacity the tenderer is based.The DUAE submitted by the supporting third party (s) shall include all information showing that the third party is not in any of the situations referred to in Article 60 and does not fall within the grounds of exclusion referred to in Articles 164, 165 and 167 of Law No. 98 / 2016, as amended and supplemented, as well as information showing that it meets the capacity criteria as requested by the contracting authority.

The tenderer / associations shall provide evidence of the implementation of a quality management system in accordance with SR EN ISO 9001 or Justification equivalent requirement: The contracting authority wishes to ensure that potential tenderers have implemented a quality management system to ensure compliance of the products to be delivered. The relevant requirement will be completed in the DUAE form.

The contracting authority will require only the highest bidder after applying the award criterion to admissible tenders to submit supporting documents (submission of certificates valid at the time of submission by accreditation certification bodies or other evidence / evidence confirming the assurance of an appropriate quality level as well as the presentation of certificates valid at the time of submission by accreditation certification bodies or other evidence / evidence confirming the assurance of an appropriate level of information security) proposing the fulfilment of the requirement.